Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, FEBRUARY 13, 2008
public notices & legal records
www.malnstreetnews.com
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in a
Security Deed given by DEREK
C. MUNROE and JENNIFER D.
MUNROE to THE MORTGAGE
PEOPLE CO., dated January 7,
2003, recorded in Deed Book
206, Page 138, Banks County,
Georgia Records, as last trans
ferred to National City Mortgage
Co. by assignment record
ed in Deed Book 207, Page
479, Banks County, Georgia
Records, conveying the after-
described property to secure a
Note in the original principal
amount of TWO HUNDRED
FIFTY THOUSAND AND 0/100
DOLLARS ($250,000.00), with
interest thereon as set forth
therein, there will be sold at pub
lic outcry to the highest bidder
for cash before the Courthouse
door of Banks County, Georgia,
within the legal hours of sale
on the first Tuesday in March,
2008, the following described
property:
SEE EXHIBIT A ATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due because
of, among other possible events
of default, failure to pay the
indebtedness as and when due
and in the manner provided
in the Note and Security Deed.
The debt remaining in default,
this sale will be made for the
purpose of paying the same and
all expenses of this sale, as pro
vided in Security Deed and by
law, including attorneys fees
(notice of intent to collect attor
neys fees having been given).
Said property will be sold
subject to any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any matters
which might be disclosed by
an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed
first set out above.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Derek C. Munroe and
Jennifer D. Munroe or a tenant
or tenants and said property is
more commonly known as 118
Harmony Valley Drive, Alto,
Georgia 30510.
The sale will be conducted sub
ject (1) to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code and (2)
to final confirmation and audit
of the status of the loan with the
holder of the security deed.
National City Real Estate
Services LLC sbm National City
Mortgage, Inc. fka National
City Mortgage Co. as Attorney-
in-Fact for Derek C. Munroe and
Jennifer D. Munroe
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jtm 3/4/08
Our file no. 5151907-FT7
EXHIBIT A
All that tract or parcel of land
lying and being in Land Lots 217
and 220 of the 10th Land District
of Banks County, Georgia, des
ignated as Tract 1, containing
10.00 acres, more or less, as
shown on a plat of survey pre
pared by Lovell, Duvall, Miller
7 Assoc., Inc., R.S. under date of
July 2, 2001, a copy of said plat
being of record in the Office of
the Clerk of Superior Court of
Banks County, Georgia, in Plat
Book 26 Page(s) 45, to which
said plat and the record thereof
reference is hereby made for a
more complete description.
Subject to all other easements,
covenants and restrictions of
record.
Less and Except property con
veyed in that certain Right of
Way Deed recorded in Deed
Book 300, Page 724, aforesaid
records.
(FE6,13,20,27B/12062 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebtedness,
secured by a Security Deed exe
cuted by AMANDA CRAIG and
BRIAN W. CRAIG to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. dated September
14, 2005, in the amount of
$351,000.00, and recorded
in Deed Book 266, Page 465,
Banks County, Georgia Records;
as last transferred to Mortgage
Electronic Registration Systems,
Inc. by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc. pursu
ant to said deed and the note
thereby secured, has declared
the entire amount of said
indebtedness due and payable
and pursuant to the power of
sale contained in said deed, will
on the first Tuesday in March,
2008, during the legal hours
of sale, at the Courthouse door
in Banks County, sell at public
outcry to the highest bidder for
cash, the property described in
said deed to-wit:
All that tract or parcel of land
lying and being in the 265 GMD
of Banks County Georgia, being
1.55 acres more or less as evi
denced by plat of survey by Max
Lewallen, licensed engineer and
surveyor, Georgia Registered
Land Surveyor # 2067, recorded
in Plat Book 26, Page 25 of the
Banks County, Georgia Deed
Records, said plat being incor
porated herein by reference.
which has the property
address of 1887 Yonah Homer
Road, Lula, Georgia, together
with all fixtures and other per
sonal property conveyed by said
deed.
The sale will be held subject to
any unpaid taxes, assessments,
rights-of-way, easements, protec
tive covenants or restrictions,
liens, and other superior matters
of record which may affect said
property.
The sale will be conducted sub
ject (1) to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code and (2)
to final confirmation and audit
of the status of the loan with the
holder of the security deed.
Notice has been given of inten
tion to collect attorneys' fees in
accordance with the terms of the
note secured by said deed.
Said property will be sold as
the property of Amanda Craig
and Brian W. Craig and the
proceeds of said sale will be
applied to the payment of said
indebtedness, the expense of
said sale, all as provided in said
deed, and the undersigned will
execute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney-in-Fact for Amanda
Craig and Brian W. Craig
Anthony DeMarlo, Attorney/
apatterson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00914 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE6,13,20,27B/1325 5000)
Need to advertise? Place a
classified. Call
Debbie Castellaw
at (706) 367-5233, or email
classifieds@mainstreetnews.
com
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebtedness,
secured by a Security Deed exe
cuted by JOSEPH DANIEL IRVIN
and TONI C. IRVIN to STEPHENS
FEDERAL BANK dated March
22, 2005, in the amount of
$173,000.00, and recorded
in Deed Book 255, Page 832,
Banks County, Georgia Records;
as last transferred to Stephens
Federal Bank by assignment; the
undersigned, Stephens Federal
Bank pursuant to said deed and
the note thereby secured, has
declared the entire amount of
said indebtedness due and pay
able and pursuant to the power
of sale contained in said deed,
will on the first Tuesday in March,
2008, during the legal hours
of sale, at the Courthouse door
in Banks County, sell at public
outcry to the highest bidder for
cash, the property described in
said deed to-wit:
All that tract or parcel of land
lying and being in 1206th G.M.D.
of Banks County, Georgia and
containing 5.00 acres, more or
less, as shown on plat of survey
prepared for Joseph Daniel Ivrin
by Max Lewallen, R.L.S., dated
March 31, 2004, and revised
March 21, 2005, and recorded
among Banks County, Georgia
Records in Plat Book 29, Page
88, said plat being incorporated
herein by reference for a more
full and complete description.
which has the property address
of 1603 Highway 63, Homer,
Georgia, together with all fix
tures and other personal prop
erty conveyed by said deed.
The sale will be held subject to
any unpaid taxes, assessments,
rights-of-way, easements, protec
tive covenants or restrictions,
liens, and other superior matters
of record which may affect said
property.
The sale will be conducted sub
ject (1) to confirmation that the
sale is not prohibited under the
U.S. Bankruptcy Code and (2)
to final confirmation and audit
of the status of the loan with the
holder of the security deed.
Notice has been given of inten
tion to collect attorneys' fees in
accordance with the terms of the
note secured by said deed.
Said property will be sold as
the property of Joseph Daniel
Irvin and Toni C. Irvin and the
proceeds of said sale will be
applied to the payment of said
indebtedness, the expense of
said sale, all as provided in said
deed, and the undersigned will
execute a deed to the purchaser
as provided in the aforemen
tioned Security Deed.
Stephens Federal Bank
Attorney-in-Fact for Joseph
Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/
smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /FHLMC
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
(FE6,13,20,27B/1325 5000)
Hartline Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
R.A. HARTLINE, deceased, late
of Banks County, Georgia, are
hereby notified to render in of
their demands to the under
signed according to law, and all
persons indebted to said estate
are required to make immediate
payment to us.
This 7th day of February,
2008.
Teresa Brock
Executor/Administrator
159 Tab Rd.
Alto, GA 30510
(FE13,20,27,MA4P4)
Email notices to:
legals@mainstreetnews.com.
in microsoft word format.
Smith Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
OMIGEAN SMITH, deceased,
late of Banks County, Georgia,
are hereby notified to render
an account of their demands to
the undersigned according to
law, and all persons indebted to
said estate are required to make
immediate payment to us.
This 22 day of January, 2008.
Terry Trotter
Executor/Administrator
117 Thompson Street
Homer, GA 30547
(FE13,20,27,MA5P4)
Roberts Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of DOROTHY M. ROBERTS,
deceased, late of Banks County,
Georgia, are hereby notified
to render an account of their
demands to the undersigned
according to law, and all per
sons indebted to said estate are
required to make immediate
payment to us.
This 31st day of January,
2008.
Pam M. Elliott
Executor
4752 Clarks Bridge Rd.
Gainesville, GA 30506
(FE13,20,27,MA5P4)
Daniel Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
LOLA J. DANIEL, deceased, late
of Banks County, Georgia, are
hereby notified to render an
account of their demands to
the undersigned according to
law, and all persons indebted to
said estate are required to make
immediate payment to us.
This 5 day of February, 2008.
Donald R. Daniel
Executor/Administrator
1310 Damascus Rd.
Homer, GA 30547
(FE13,20,27,MA5P4)
Notice of
Deprivation
Hearing
In the Juvenile Court
of Banks County
State of Georgia
Case No. 006-07J-096
In the Interest of:
KAYLEE PEEK
DOB; 10-30-90
SEX: FEMALE
A child under the Age of
Eighteen
TO: TONYA PEEK, Mother of
the Above-Named Child
By Order for Service by
Publication dated the 28 day
of January, 2008, you are here
by notified that on the 10th
day of September, 2007, the
Banks County Department
of Family and Children
Services, Georgia Department
of Human Resources, filed a
Petition for Temporary Custody
(Deprivation) against you as to
the above-named child alleging
the child remains deprived. You
are required to file with the Clerk
of Juvenile Court, and to serve
upon Special Assistant Attorney
General, Jeffrey K. Williams, an
answer
in writing within sixty (60)
days of the date of the Order for
Service by Publication.
This Court will conduct a final
hearing upon the allegations of
the Petition and enter an order
of disposition on April 10, 2008,
at 2:30 p.m., in the Jackson
County Courthouse, Jefferson
Georgia
The child or children and other
parties involved may be repre
sented by a lawyer at all stag
es of these proceedings. If you
want a lawyer, you may choose
and hire your own lawyer. If you
want to hire a lawyer, please
contact your lawyer immediate
ly. If you want a lawyer but are
not able to hire a lawyer with
out undue financial hardship,
you may ask for a lawyer to be
appointed to represent you. The
Court would inquire into your
financial circumstances and if
the Court finds you to be finan
cially unable to hire a lawyer,
then a lawyer will be appointed
to represent you. If you want a
lawyer appointed to represent
you, you must let the Court or
the officer of this Court han
dling this case know that you
want a lawyer immediately.
WITNESS, the Honorable Kevin
J. Guidry, Judge of said Court,
this the 28th day of January,
2008.
By: Tim Harper
Banks County Juvenile Court
Banks County Courthouse
Homer, Georgia
(FE6,13,20,27P4)
Kesler Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
LOUTRELLE EMMETT KESLER,
deceased, late of Banks County,
Georgia, are hereby notified
to render an account of their
demands to the undersigned
according to law, and all per
sons indebted to said estate are
required to make immediate
payment to us.
This 28 day of January, 2008.
Brenda K. Finley
Co-Executor
1950 Damascus Rd.
Homer, GA 30547
Guy R. Kesler
Co-Executor
7161 Avenbury Circle
Kernersville, NC 27284
(FE6,13,20,27P4)
Smith Estate
Probate Court of
Banks County
Notice
Re: Petition of PATRICIA
FORTNER GEE to probate in sol
emn form the will of CHARLES C
. SMITH, deceased, upon which
an order for service was granted
by this Court on January 28,
2008.
TO: Alfred Lester Smith, Jr.,
Mary Galloway Crush, Martha
Galloway, Paul L. Galloway, Lydia
Galloway, Virginia Galloway
Powell, Odell Galloway, Henry
Galloway, Charles Galloway,
Joyce Galloway, Jimmy Smith,
Charles Grizzle and all and sin
gular the heirs of said decedent,
and to whom it may concern.
This is to notify you to file
objection, if there is any, to the
above referenced petition, in
this Court on or before March 3,
2008, 10:00 a.m.
BE FURTHER NOTIFIED: All
objections to the petition must
be in writing, setting forth the
grounds of any such objections.
All pleadings/objections must be
signed before a notary public
or before a probate court clerk,
and filing fees must be tendered
with your pleadings/objections,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the following
address/telephone number for
the required amount of filing
fees. If any objections are filed,
a hearing will be scheduled at
a later date. If no objections
are filed, the petition may be
granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE6,13,20,27P4)
Montgomery
Estate
Georgia, Banks County
Probate Court
Notice
WAYNE E. MONTGOMERY
has petitioned to be appoint
ed Administrator of the estate
of WANDA C. MONTGOMERY,
deceased, of said County. (The
petitioner has also applied for
waiver of bond and/or grant
of certain powers contained in
O.C.G.A. §53-12-232.) All inter
ested parties are hereby noti
fied to show cause why said
petition should not be grant
ed. All objections to the peti
tion must be in writing, set
ting forth the grounds of any
such objections, and must be
filed with the court on or before
March 3, 2008, by 10:00 a.m.
All pleadings/objections must be
signed before a notary public
or before a probate court clerk,
and filing fees must be tendered
with your pleadings/objections,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the following
address/telephone number for
the required amount of filing
fees. If any objections are filed,
a hearing will be scheduled at
a later date. If no objections
are filed, the petition may be
granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah-Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(FE6,13,20,27P4)
Allen Estate
Georgia, Banks County
Probate Court
Notice
The petition of SANDRA J.
ALLEN, for a year's support from
the estate of MARK ANDREW
ALLEN, JR., deceased, for dece
dent's surviving spouse, having
been duly filed, all interested
persons are hereby notified to
show cause, if any they have, on
or before March 3, 2008, 10 AM,
why said petition should not be
granted.
All objections to the petition
must be in writing, setting forth
the grounds of any such objec
tions, and must be filed on or
before the time stated in the
preceding sentence. All plead
ings/objections must be signed
before a notary public or before
a probate court clerk, and fil
ing fees must be tendered with
your pleadings/objections,
unless you qualify to file as an
indigent party. Contact probate
court personnel at the following
address/telephone number for
the required amount of filing
fees. If any objections are filed,
a hearing will be scheduled at
a later date. If no objections
are filed, the petition may be
granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(FE6,13,20,27P4)
Nations Estate
Notice to Debtors
and Creditors
All creditors of the Estate of
JAMES A. NATIONS, deceased,
late of Banks County, Georgia,
are hereby notified to render
in their demands to the under
signed according to law, and all
persons indebted to said estate
are required to make immediate
payment to us.
This 21 day of January, 2008.
Bobby Nations
Executor/Administrator
196 Brown Bridge Rd.
Commerce, GA 30530
(JA30,FE6,13,20P4)
Stewart Estate
Notice to Debtors
and Creditors
All creditors of the Estate
of MARY EVELYN STEWART,
deceased, late of Banks County,
Georgia, are hereby notified
to render in their demands to
the undersigned according to
law, and all persons indebted to
said estate are required to make
immediate payment to us.
This 22 day of January, 2008.
Albert L. Stewart, Jr.
Executor/Administrator
1548 Duncan Rd.
Commerce, GA 30530
(JA30,FE6,13,20P4)